Expunctions & Nondisclosures - Effect & Eligibility

Expunctions:

Expunctions are the true destruction of a criminal record. An expunged record no longer exists in law enforcement or government databases. A person whose record has been expunged may legally deny that the incident or arrest occured. Cases that are eligible for expunction include:

1) Your case was dismissed.

2) You were acquitted at trial.

3) You successfully completed a pre-trial diversion program.

4) You were arrested but never charged with a crime and the waiting period or statute of limitations has expired.

5) You completed deferred disposition to a Class C Misdemeanor.

Nondisclosures (aka "sealing your record"):

Nondisclosures are more complicated. Nondisclosures result in your record being sealed from access by the general public, although law enforcement and most government agencies can still see it. It can be particularly helpful with respect to background check by a private employer. The eligibility requirements are also more complicated; cases eligible for Nondisclosure include:

DWI Nondisclosure *New in 2017:

Clients who successfully completed DWI Probation [§411.0731]. After a 2-year waiting period, a person with a DWI conviction who has successfully completed probation if:

No previous conviction or placed on deferred adjudication for any o ense other than a tra c o ense punishable by ne only;

No conviction under 49.04(d) [BAC over 0.15 enhancement]

After notice and an opportunity for a hearing, a determination is made that the order of nondisclosure is in the best interest of justice;

No accident involving personal injury to another person;

Successfully completed 6 months of IID as part of their bond or community supervision; and

Is not convicted, placed on probation, or placed on deferred adjudication during the waiting period for any o ense other than a tra c o ense. If the client did not have an IID installed, the waiting period is 5 years.

Clients who received a jail sentence or did not successfully complete probation [§411.0736]. If the person was not placed on probation-or their probation was revoked or unsuccessfully discharged-they are still eligible for nondisclosure if they complete requirements listed above and wait 3 years. If the client did not have an IID installed, the waiting period is 5 years. Over 0.15 BAC is not a prohibition-only a conviction under 49.04(d).

All Other Nondisclosures

Base Requirements for All Nondisclosures

Petitioner was not convicted or placed on deferred for any offense (other than a fine-only traffic violation) at any time after sentence pronounced and during any applicable waiting period

Never convicted or received deferred (including for offense seeking nondisclosure) for:

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